PART 1Police reform
CHAPTER 15Offences
90Assaulting or impeding police
1
It is an offence for a person to assault—
a
a person (“A”) acting in a capacity mentioned in subsection (3), or
b
a person assisting A while A is acting in such capacity.
2
It is an offence for a person to resist, obstruct or hinder—
a
a person (“A”) acting in a capacity mentioned in subsection (3), or
b
a person assisting A while A is acting in such capacity.
3
The capacities are—
a
that of a constable,
b
that of a member of police staff,
c
that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,
d
that of a person who—
i
is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and
ii
is carrying out functions as a member of that team.
4
A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.
5
A complaint may include a charge that is framed so as to comprise (in a combined form) the specification of both an offence under subsection (1) and an offence under subsection (2).
6
Where a charge in a complaint is so framed the charge is to be regarded as being a single yet cumulative charge.
7
In this section and section 91, a reference to a member of a relevant police force is a reference to a member of—
a
a police force maintained under section 2 of the Police Act 1996 (c.16),
b
the metropolitan police force,
c
the City of London police force, or
d
the Police Service of Northern Ireland.
91Escape from custody
1
It is an offence for a person—
a
to remove a person from custody, or
b
to assist the escape of a person in custody.
2
The reference in subsection (1) to a person in custody is to be construed as a reference to a person—
a
who is in the lawful custody of a person (“A”) acting in a capacity mentioned in subsection (3) or a person assisting A while A is acting in such capacity, or
b
who is in the act of eluding or escaping from such custody, whether or not the person has actually been arrested.
3
The capacities are—
a
that of a constable,
b
that of a police custody and security officer,
c
that of a member of a relevant police force when such member is executing a warrant or is otherwise acting in Scotland by virtue of any enactment conferring powers on the member in Scotland,
d
that of a person who—
i
is a member of an international joint investigation team that is led by a person acting in a capacity mentioned in paragraph (a) or (c), and
ii
is carrying out functions as a member of that team.
4
A person who is guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.
92Impersonation etc.
1
It is an offence for a person (not being a constable)—
a
to impersonate a constable with an intent to deceive, or
b
to do anything calculated to suggest that the person is a constable.
2
It is an offence for a person (other than a constable) to possess any article of police uniform without the permission of the Authority.
3
It is a defence for a person charged under subsection(2) to prove that the article—
a
was obtained lawfully, and
b
is in the person’s possession for a lawful purpose.
4
It is an offence for a person (other than a constable) to wear, without the prior permission of the Authority, any article of police uniform in circumstances where it gives an appearance so nearly resembling that of a constable as to be calculated to deceive.
5
A person who is guilty of an offence under this section is liable on summary conviction to imprisonment for a period not exceeding 3 months or a fine not exceeding level 4 on the standard scale.
6
In this section an “article of police uniform” means—
a
any article of uniform or any distinctive badge or mark usually issued to constables, or
b
any article having the appearance of such article, badge or mark.